I introduction the americans with disabilities act ada

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Unformatted text preview: n from a health care source without an examination [**25] of Sharp or by simply asking Sharp. As we stated [*1097] earlier, there was evidence at trial that the type of assessment authorized in the statute and regulation of an employee in an environment in which there was bleeding could not have been made without a medical examination. Nor do we believe Sharp himself could answer the four factors suggested by the statute. There was testimony at trial that Dan Prevo initially consulted Spartan Stores to ask if they had any experience in employing an HIV positive employee. n13 However, nothing in the record indicates Spartan could provide Prevo's with anything other than information of a general nature rather than an individualized assessment specific to Sharp and the operations at Prevo's. As Prevo's contends, the EEOC's argument would 221 impose upon Prevo's a duty to become an expert in the field of HIV transmission and control. We do not believe the statute and regulation impose such a burden. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n13 Spartan Stores, Inc., is a grocery wholesaler owned by the grocery stores it serves. Spartan makes available to the stores specialized knowledge in various area such as marketing, advertising and human resources. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**26] The EEOC argues the regulation must be read in light of its purpose. We agree that the principal purpose of the regulation is to prohibit employers from making adverse employment decisions based on stereotypes and generalizations associated with the individual's disability rather than on the individual's actual characteristics. 29 C.F.R. Pt. 1630 App. (1996). However, we find that the language of the regulation is instructive on how to discover an individual's actual characteristics of disability; and in order to understand those characteristics under these particular circumstances, a medical examination was need...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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